Criminal Records

[VMLVJEMM 0]

Good afternoon Ladies and Gentlemen,

Congratulations to all of you on your ENGAGEMENT - I wish you all a happy and long marriage as well as a successful journey through the K1 Visa process.

Question:

As you can imagine, I am super excited to begin the K1 Visa process with my fiance(e). This is my first posting. I've had a few charges against me when I was younger. Most were dismissed. Should I disclose these? It's my understanding that the USCIS will conduct a federal criminal background check. I am trying to avoid any RFI (request for more information).

Additionally, I do have a few convictions but none of them are listed on i-129f or would bar me from getting approved. Should I disclose the covictions, enclose a certified copy from the court and attach an explanation?

I don't believe waivers will be necessary but any feedback from you would greatly be appreciated.

Thanks in advance!

(By the way...I am the US Citizen petitioner...my beneficiary has no criminal background at all.)

Edited April 11, 2016 by VMLVJEMM

[Meg&Andrew 297]

If you mean filling out the I-129f it asks if you been convicted of domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, homicide, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or any attempt to commit any of these. Or three or more convictions for crimes related to a controlled substance or alcohol not rising from a single act. If your answer to any of these is yes, then YES you do need to disclose this information. They must be answered even if these crimes were sealed or otherwise cleared or if anyone including a lawyer or judge told you that you no longer have a record. On a separate piece of paper provide everything they need to know about the crimes, such as crime involved, date of conviction and sentence.

Edited April 11, 2016 by LeeAndrew

[baron555 934]

And if you past convictions are not from the list mentioned above, then No, nothing is required.

[VMLVJEMM 0]

Thank you LeeAndrew. I was charged for Domestic Violence but it was dismissed. I was not convicted (but it pulls up as on my criminal record as charged/dismissed).

I was however convicted of 2 DWI's (not 3) so I will not disclose anything. I just wanted a second opinion. Thank you for your useful and helpful advise. I appreciate you taking the time to respond.